If marriage is truly only about love and commitment, as our Attorney General has stated, then he is absolutely right, homosexuals are being denied the right of certification of their love. However, if love and commitment are the ONLY parts of marriage then: 1) The state has no compelling interest in marriage; therefore it should stay out of marriage, 2) The state cannot verify love; therefore it should not certify and license love. An honest Supreme Court would throw out ALL marriage laws and benefits simply based on the premise that there is NO compelling reason for the state to be involved.
If, however, there is a procreative value to marriage then the state has a compelling interest. The interest is in organizing society to insure those that create new life care for that life at minimal expense and maximum benefit to society in general. New human life can ONLY be created through the union of one man and one woman. No other combination can create new human life. On the other hand when a man and a woman join new human life can be created, even when it is not desired and even when it is unlikely.
So either there is no interest by the state what-so-ever or the state has an interest in one man one woman unions.
I have a constitutional right to be a doctor, but I don’t have the right to have the state certify and license my medical practice unless I meet the verifiable requirements. Just because I have some knowledge and may even help many people, if the state cannot verify my credentials I do not have a constitutional right to a state license.
Homosexual couples, by their very existence, self-identify as not having the procreative value that is one of the vital components of marriage.